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SUREPALLI NANDA
Praveen Electrical Engineering Works – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard Sri P.Venkanna, the learned Counsel for the Petitioner the learned Senior Counsel Sri G. Vidya Sagar, appearing on behalf of the 4th Respondent and the Learned Standing Counsel Sri Vijay Prashanth, for the 3rd Respondent.
2. The Present Writ Petition is filed to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 3rd Respondent, in issuing the impugned proceedings Rc.No.32/DHH-KMR/Plg/2022 dt.22.09.2022 to allot the contract and engage the service of 4th respondent, in respect of e-Tender No.Plg/32/IHFMS/2022 dated: 15.07.2022, providing integrated Hospital Facility Management services in TVVP Hospital (MCH, Banswada), though they are not eligible, as illegal, arbitrary and violative of principles of natural justice, consequently set aside the impugned proceedings Rc.No.32/DHH-KMR/Plg/2022 dated.22.09.2022 issued by the 3rd respondent.
3. The case of the petitioner, in brief, is as follows:
a) The 3rd respondent i.e., Telangana Vidya Vidhana Parishad, had issued a e-Tender vide No.Plg/32/IHFMS/
Tender conditions are binding and deviations lead to arbitrariness, violating fairness in the procurement process.
The court established that the principles of natural justice are not absolute in commercial transactions, particularly in tender processes, where public interest prevails.
The court established that significant deviations from tender guidelines and arbitrary evaluation criteria violate the principles of fairness and proportionality under Article 14 of the Constitution.
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